•She was further charged with uttering the said document between her company and KEMSA purporting it to be a genuine agreement for the supply of Insecticidal Nets.
•She is also accused of forging an amendment to the agreement to the Framework Contract between her company and KEMSA
Image: DOUGLAS OKIDDY
A businesswoman who allegedly defrauded a Nigerian national Sh25 million in a KEMSA malaria nets supply deal has been charged before a Nairobi court.
Faith Mwikali Ndiwa appeared before Milimani chief Magistrate Susan Shitubi on Tuesday and denied charges of obtaining Sh25 million from Jude Olabayo Veracruz.
She also denied eight counts of forgery, uttering false documents and obtaining money through pretences.
The court heard that Mwikali used her two companies namely Ashley Dylan Limited and Faizel Limited to allegedly secure a tender number IFT NO GF ATM MAL NFM-19/20-OIT-004 to supply KEMSA with Long Lasting Insecticidal Nets (LLINs).
She is accused of obtaining the said money on dates between June and December 2022 within Nairobi county.
Mwikali was also charged that on March 7, 2022, at unknown place within the country with intent to defraud forged a Framework Contract number IFT NO GF ATM MAL NFM-19/20-OIT-004 between KEMSA and Ashley Dylan Limited for the supply of Long Lasting Insecticidal Nets purporting it to be a genuine agreement under the Medical Supplies Authority.
She was further charged with uttering the said document between her company and KEMSA purporting it to be a genuine agreement for the supply of Insecticidal Nets.
She is also accused of allegedly forging an amendment to the agreement to the Framework Contract between her company and KEMSA.
In the month of June 2022 she is accused of allegedly fraudulently uttering the said amendment agreement to Veracruz pretending it to be a genuine agreement.
In a bid to deny her bond, police Constable John Okoth who is attached to the DCI Nairobi Area in his affidavit urged the court not to free Mwikali on bond.
"Your honor the accused has been in the ran since 2022 and it gave me very hard time to arrest her," said the officer.
The officer told the Milimani senior principal magistrate Benmark Ekhumbi that he used the accused associates to trace her where they led him to the arrest.
The officer also told the court that, the accused is a flight risk without known place of abode since she refused to disclose to the officers her resident.
"Your honor the accused refused to disclose to my team where she resides. She has a passport whereby we have realized that she had been in and out of the country and we fear she can escape," said the officer.
The prosecution asked the court to consider the information presented by the lead investigator and deny her bond.
The defence lawyer prayed the court to release his client on bond citing that it is a constitutional right unless there are compelling reasons.
"I pray the court to release my client on lenient bond terms since it is her constitutional right," pleaded the lawyer.
The lawyer argued that the accused having a passport does not prove being a flight risk since it is her right to have it like other citizens.
The lawyer further told the magistrate that the complainant in the matter is the husband to the accused and they had been cohabiting in the same house and claiming that her place of abode is unknown are mere lies.
"Your honor the complainant and the accused in this matter are lovers, husband and wife and this is a matrimonial issue," defence lawyer said.
The defence further convinced the court that the accused presented herself to the police and that is a prove that she will comply with the orders to be set by the court a fact which the Investigating officer negated with.
The magistrate requested for the pre-bail report before making the ruling on whether to release the accused on bond or not.
She was detained at Capitol Hill Police Station until Wednesday when the ruling on bond terms will be determined.